Dr.G.Balakrishnan, it is a pleasant experience to go through your philosophical lines full of valuable meaning. Yes, US Constitution is one of the best Constitution penned by the best brain of its time. By analogy we can cite the US presidential election, where a presidential candidate may polled 75% of US voters but on the basis of “winner takes it all” may not be elected as the President.
In today’s political scenario Diplomatic relations amongst nation state may be compared to former US Secretary of State Medline Albright statements: Foreign relation during the cold war was like the ship entering the Panama canal, after the cold war it was like entering the English Chanel, but after the twentieth century it is like a ship in the high sea. Yes, India is a great Nation based on Unity in diversity and every State is supreme in its own allotted field under the Constitution, but however great a state maybe, No State has a right to rule the State with uncertainty in the laws, as Law must be certain, definite for the guidance of the Courts and the people. In fine, I would like to add that words that come out of Pen is mightier than machine guns, tanks and helicopters etc.; Thanks for your contributions.
Nice and great to know you Sir.
Never allow the constitution to be some law makers military or army but it is the Army of all individuals as citizens; not only to some so called governments in power their life extinguishes in five years of election as new election would make new governments - a defacto system - that cannot replace dejure system of the very constitutional tenets or basic concepts is my view, i may pen an article - i am writing a book on the sanctity of constitutions which may get published in the USA, as i go back to US this is some information where there is robust thinking and robust discussions unlike in India where you have so many interest groups to kill and modify the very indian constitution which was made by the people of india unlike your parliament and legislature which ought to be sensibly controlled by the constitutional judiciary else so many new Mr Karnans may surface questioning the Apex judiciary without rightly going with any sensible evidences, i find such judges eye for politics in judiciary that has to cease and desist that way i expect indian advocacy might surface if nor once again some kings and chieftains and the like surface, is my considered thought.
Now Modi govt is revisiting Manda commission issue some what meaningfully after all Equal justice for all is the principle that is vital for the USA - else Trump would have shut the doors for Muslim even America's muslims - muslims as such some believers of some religious thoughts they cannot be called enbloc terrorists is it not friend?
Law is a law - that is called the Rule of law - that is the very constitution of india, Apex judiciary in state or in the centre only can decide on statutes, but as you said Nehru took it for granted why even VP Singh when he brought Mandal commission idea of castes in the lines of Pune - Gandhi agreement forced by Dr. BR Ambedkar, for he believed he is the most versatile intellect on constitution , may be indians believe, fact is every constitution is like a religious document like Bible, Koran and the like then only the basic structure of constitutional structure cannot be demolished by short term law makers - u saw what happened to Schedule IX that was demolished by the judgement on 11 Jan 2007 in Coelho v Sate of TN that again helped Golaknath to be accepted though Kesavananda Bharati slightly modified but fact is judicial reviews are very powerful - so the answer to your issues is to move for judicial review is my considered opinion . tks
My dear Mr. Assumi, i am glad to note that you are working on Nagas issues - good to note - see, the American constitution is just a 18 page document only that even now survives why the Judiciary is most powerful in the United states, that decides on any statutes or Executive Orders, as it accepts Alexander Hamilton 's view on the Constitution - if law makers every time change the Articles for any reason that shd be declared ultra vires under Judicial review system , that Marbury v Madison took place there, president or any have no better authority to certify - that way even today American constitution is the most powerful constitution per Toquivile , when president Washington asked CJI Jay to give opinion on the agreement he proposed with canada, Justice Jay returned reference saying the SC is not to advice on issues to govt, but it can hear the issue if there is a conflict nothing more nothing less, but in India on and off the government send reference as presidential reference accepting such references is against the principle of separation of powers as all three institutions are equal be it Judiciary, parliament or president (executive) ; what we see here is parliament tries to make judiciary as subordinate - judiciary cannot be controlled by statutes or executive order but just the constitution Articles unamended; if articles amended the amended articles cannot control the judiciary in india too as Indian constitution is modelled on the basis of American Constitution besides others, but American constitution and British common law prevails is it not friend?
Dr G Balakishnan, thank you very much indeed for your feed back. Yes, Constitution is very clear about separation of judiciary from the executive via DPSP, but separation of judiciary on the principles of the constitution alone without any steps for change in the State Laws creates more problems than solving the problems, especially in Administrative Control of the High Court in disciplinary proceedings against the judicial officers. Consider this? Can High Court punish judicial officers for exceeding or failure to exercise jurisdiction of law which is not applicable in the State? Of course this sounds like the caucus race of Alice in wonderland, as far as the court proceedings are concerned? but law is law and State law is supreme in its allotted fields, though in a fast changing world I find ourselves in a Shell.
Secondly, that Nehruvian Article 371-A, to the Constitution of India, makes me very uncomfortable, as many important matters are left out in that Naga Charter of Rights like the, Naga food habit, sleeping habit, Naga roaming habit etc. Any way I will take up that matter at the appropriate time.
Prof.Starke, comments on International Law as "International Law is a dream on stilts" likewise application of laws in Nagaland too is like a dream on stilts. But this does not mean that I agree with prof.Starke, that International Law is a dream on stilts, rather it is vibrant and active as before, only the world has changed not the International law, and I am happy to tell you that I am working on that subject.
Once again thank you Dr.G.Balakrishnan.
Life is to be carefully tread, else any moment it could break is obvious - unnecessarily Mr Karnan presumes SC judges are corrupt - if he was sure why he could not file FIR then and there , but he lives in Eldorado that sending some so called petition to PM every thing is settles without understanding the strict separation of powers of the institutions , unfortunately means he obviously failed in 'purposive interpretation of the very indian constitution' - corruption is one a very big broad term that can even put you 'if you take away a pencil from your office, you seem t have indulged in corrupt activities.... without concrete evidence none can proceed against the other so we have Art 14 in place r;w Art 21. then Art 19....
I know one thing that is in this diversified india, perception of castes just being some imaginary beliefs based, in fact every man is same like the other as far as his torso is concerned, but mental perceptions are concerned again imaginary only every one is unique compared to the other and habits, character generally habit based one - then again habits only rule one - see when SC/ST is converted to Dalit category , Dalit concept was introduced by Dr, B R Ambedkar , as he this unified both caste and tribe in Dalit - Dalit obviously a Buddhist meaning he has to be peaceful kind of man under all adversities that is what Buddha taught them - that way you may see Dalailama is in a stateless (sans land piece like Tibet but in india as a refugee with some place to live like sindhis who came from Sind (pakistan) and colonised in Ullahasnagar (maharashtra) as the munificence of Maharashtra, so Tibetans live in Himachal pradesh as helped by the local community and indian government it is like Pandits of J&K distributed in India - that way diversity grows day by day and all these Tibetans, Pandits, Sindhis live amicably without any dramas , why they are patient but SC/ST (converted into Dalits) assert the so called Atrocities Act even affecting the Judicial system to the core what it says - 'Don't extend the twain or rope more than its tolerance levels for the rope/twain might break, but yet people if once given extra leverage just hit the very system..... that is being this article explains, for I too was working with Justice Hidayathulla in Bombay then and used to keep talking to him till he passed away.....
High court Judge in Mr Karnam of Calcutta high court resorted by his notice to seven judges of the SC, obvious perjury as he is under obligation to respond to the vert SC bench, instead of replying by a written statement he talks about ..Atrocities Act, and seeks the 7 judges to appear before him to explain why they committed atrocity on him he being a some Dalit (some scheduled caste or tribe of Tamil Nadu) ; his balance of interpretation ought to be falling under 'purposive interpretation' of the constitutional proprieties - after Coelho v st of TN on 11 Jan 2007, this did set aside schedule IX of Part IVA of the constitution, again it gave life to Golaknath judgement even after Kesava nanda bharati..
One needs to know, India is a unity in diversity type country. Nehru rightly described in his Discovery of India, a well written work; every area needed different system of administration, if not comprehension of laws by people is not that easy - so in England they rely on Common law on some great principles, punishments are too npt uniform in the initial stages till some sensible civilization settles down - Art 371 provides some leverages..... in the very Indian constitution - nothing can be uniform is absolute and obvious...
You need to be
logged in to post comment
You can also submit your article by sending to email@example.com
view more »
Our Network Sites
Join LAWyersclubindia.com and Share your Knowledge. Registered members get a chance to interact at Forum, Ask Query, Comment etc.